On 1 August 2013, he was convicted of tax-fraud by the final appeal instance, Court of Cassation "[8] (of which three years are automatically pardoned) along with a public office ban for two years. As his age exceeds 70 years, he will be exempted from direct imprisonment, and instead serve his sentence by doing unpaid social community work. Because of being sentenced to a gross imprisonment for more than two years, a new Italian anticorruption law made the Italian Senate expel and bar him from serving any legislative office for six years.[1][9] Berlusconi has pledged to stay leader of Forza Italia throughout the period where he serves his imprisonment sentence and public office ban.[8][10]

Family background and personal life

Berlusconi was born in Milan in 1936, where he was raised in a middle-class family.[11] His father, Luigi Berlusconi (1908–1989), was a bank employee, and his mother, Rosa Bossi (1911–2008), a housewife.[12] Silvio was the first of three children; he had a sister, Maria Francesca Antonietta Berlusconi (1943–2009), and has a brother, Paolo Berlusconi (born 1949).

After completing his secondary school education at a Salesian college, he studied law at the Università Statale in Milan, graduating (with honours) in 1961 with a thesis on the legal aspects of advertising. Berlusconi was not required to serve the standard one-year stint in the Italian army which was compulsory at the time.[13] During his university studies, he was an upright bass player in a group formed with the now Mediaset Chairman and amateur pianist Fedele Confalonieri and occasionally performed as a cruise shipcrooner. In later life, he wrote AC Milan's anthem with the Italian music producer and pop singer Tony Renis and Forza Italia's anthem with the opera director Renato Serio. With the Neapolitan singer Mariano Apicella, he wrote two Neapolitan song albums: Meglio 'na canzone in 2003 and L'ultimo amore in 2006.[citation needed]

In 1965, he married Carla Elvira Dall'Oglio, and they had two children: Maria Elvira, better known as Marina (born 1966), and Pier Silvio (born 1969).[14] By 1980, Berlusconi had established a relationship with the actress Veronica Lario (born Miriam Bartolini), with whom he subsequently had three children: Barbara (born 1984), Eleonora (born 1986) and Luigi (born 1988). He was divorced from Dall'Oglio in 1985, and married Lario in 1990. By this time, Berlusconi was a well-known entrepreneur, and his wedding was a notable social event. One of his best men was Bettino Craxi, a former prime minister and leader of the Italian Socialist Party. In May 2009, Lario announced that she was to file for divorce.[15]

On 28 December 2012, Berlusconi was ordered to pay his ex-wife Veronica Lario $48 million a year in a divorce settlement that was filed Christmas Day, and he will keep the $100 million house they live in with their three children.[16]

Business career

Milano Due

Berlusconi's business career began in construction. In the late 1960s, he built Milano Due (Italian for "Milan Two"), 4,000 residential apartments east of Milan. The profits from this venture provided the seed money for his advertising agency.[17]

Telemilano

Berlusconi first entered the media world in 1973 by setting up a small cable television company, Telemilano, to service units built on his Segrate properties. It began transmitting in September the following year. After buying two further channels, Berlusconi relocated the station to central Milan in 1977 and began broadcasting over the airwaves.[18]

Fininvest

In 1978 Berlusconi founded his first media group, Fininvest, and joined the Propaganda Due masonic lodge. In the five years leading up to 1983 he earned some 113 billion Italian lire (€58.3 million). The funding sources are still unknown because of a complex system of holding companies, despite investigations conducted by various state attorneys.

Fininvest soon expanded into a country-wide network of local TV stations which had similar programming, forming, in effect, a single national network. This was seen as breaching the Italian public broadcaster RAI's statutory monopoly by creating a national network, which was later abolished. In 1980, Berlusconi founded Italy's first private national network, Canale 5, followed shortly thereafter by Italia 1, which was bought from the Rusconi family in 1982, and Rete 4, which was bought from Mondadori in 1984.[19]

Berlusconi created the first and only Italian commercial TV empire. He was assisted by his connections to Bettino Craxi, secretary-general of the Italian Socialist Party and also prime minister of Italy at that time, whose government passed, on 20 October 1984, an emergency decree legalising the nationwide transmissions made by Berlusconi's television stations.[19] This was in response to judgements on 16 October 1984 in Turin, Pescara and Rome, enforcing a law which previously restricted nationwide broadcasting to RAI, that had ordered these private networks to cease transmitting.

After political turmoil in 1985, the decree was approved definitively. But for some years, Berlusconi's three channels remained in a legal limbo, and were not allowed to broadcast news and political commentary. They were elevated to the status of full national TV channels in 1990 by the so-called Mammì law.

In 1995, Berlusconi sold a portion of his media holdings, first to the German media group Kirch Group (now bankrupt) and then by public offer. In 1999, Berlusconi expanded his media interests by forming a partnership with Kirch called the Epsilon MediaGroup.[20]

The beginnings

Berlusconi's political career began in 1994, when he entered politics, reportedly admitting to Indro Montanelli and Enzo Biagi that he was forced to do so to avoid imprisonment.[32] He subsequently served as Prime Minister of Italy from 1994 to 1995, 2001 to 2006, and 2008 to 2011. His career was racked with controversies and trials; amongst these was his failure to honour his promise to sell his personal assets in Mediaset, the largest television broadcaster in Italy, in order to dispel any perceived conflicts of interest.

In the early 1990s, the Pentapartito (it) – the five governing parties, Christian Democracy (Democrazia Cristiana), the Italian Socialist Party, the Italian Social-Democratic Party, the Italian Republican Party and the Italian Liberal Party – lost much of their electoral strength almost overnight due to a large number of judicial investigations concerning the financial corruption of many of their foremost members (see the Mani Pulite affair). This led to a general expectation that upcoming elections would be won by the Democratic Party of the Left, the heirs to the former Italian Communist Party, and their Alliance of Progressives coalition - unless an alternative arose. On 26 January 1994, Berlusconi announced his decision to enter politics, ("enter the field", in his own words) presenting his own political party, Forza Italia, on a platform focused on defeating the Communists. His political aim was to convince the voters of the Pentapartito, who were shocked and confused by Mani Pulite scandals, that Forza Italia offered both a fresh uniqueness and the continuation of the pro-western free market policies followed by Italy since the end of the Second World War. Shortly after he decided to enter the political arena, investigators into the Mani Pulite affair were said to be close to issuing warrants for the arrest of Berlusconi and senior executives of his business group. During his political career Berlusconi repeatedly stated that the Mani Pulite investigations were led by communist prosecutors who wanted to establish a soviet-style government in Italy.[33][34]

Berlusconi launched a massive campaign of electoral advertisements on his three TV networks, grooming with seminars and screen tests his top advertisement salesmen, of whom 50, subsequently elected though devoid of legislative experience, came from his own advertising company alone.[32] He subsequently won the elections, with Forza Italia garnering 21% of the popular vote, the highest percentage of any single party.[36] One of the most significant promises that he made in order to secure victory was that his government would create "one million more jobs". He was appointed Prime Minister in 1994, but his term in office was short because of the inherent contradictions in his coalition: the League, a regional party with a strong electoral base in northern Italy, was at that time fluctuating between federalist and separatist positions, and the National Alliance was a nationalist party that had yet to renounce neo-fascism at the time.

Fall of the Berlusconi I cabinet

In December 1994, following the leaking to the press of news of a fresh investigation by Milan magistrates, Umberto Bossi, leader of the Lega Nord, left the coalition claiming that the electoral pact had not been respected, forcing Berlusconi to resign from office and shifting the majority's weight to the centre-left. Lega Nord also resented the fact that many of its MPs had switched to Forza Italia, allegedly lured by promises of more prestigious portfolios. In 1998 various articles attacking Berlusconi were published by Lega Nord's official newspaper (www.lapadania.it), with titles such as "La Fininvest è nata da Cosa Nostra" – "Fininvest (Berlusconi's principal company) was founded by the Mafia".

Berlusconi remained as caretaker prime minister for a little over a month, until his replacement by a technocratic government headed by Lamberto Dini. Dini had been a key minister in the Berlusconi cabinet, and Berlusconi said the only way he would support a technocratic government would be if Dini headed it. In the end, however, Dini was only supported by most opposition parties but not by Forza Italia and Lega Nord. In 1996, Berlusconi and his coalition lost the elections and were replaced by a centre-left government led by Romano Prodi.[37]

On the television interviews programme Porta a Porta, during the last days of the electoral campaign, Berlusconi created a powerful impression on the public by undertaking to sign a so-called Contratto con gli Italiani (English: Contract with the Italians), an idea copied outright by his advisor Luigi Crespi from Newt Gingrich's Contract with America introduced six weeks before the 1994 US Congressional election.[38] This was considered to be a creative masterstroke in his 2001 bid for prime ministership. Berlusconi committed in this contract to improve several aspects of the Italian economy and life. Firstly, he undertook to simplify the complex tax system by introducing just two tax rates (33% for those earning over 100,000 euros, and 23% for anyone earning less than that figure: anyone earning less than 11,000 euros a year would not be taxed). Secondly, he promised to halve the unemployment rate. Thirdly, he undertook to finance and develop a massive new public works programme. Fourthly, he promised to raise the minimum monthly pension rate to 516 euros. Fifthly, he would suppress the crime wave by introducing police officers to patrol all local zones and areas in Italy's major cities.[39] Berlusconi undertook to refrain from putting himself up for re-election in 2006 if he failed to honour at least four of these five promises.

The Berlusconi II cabinet

Opposition parties claim Berlusconi was not able to achieve the goals he promised in his Contratto con gli Italiani. Some of his partners in government, especially the National Alliance and the Union of Christian and Centre Democrats, admitted the Government fell short of the promises made in the agreement, attributing the failure to an unforeseeable downturn in global economic conditions. Berlusconi himself consistently asserted that he achieved all the goals of the agreement, and said his Government provided un miracolo continuo (a continuous miracle) that made all 'earlier governments pale' (by comparison). He attributed the widespread failure to recognize these achievements to a campaign of mystification and vilification in the printed media, asserting that 85% of newspapers were opposed to him.[40] Luca Ricolfi, an independent analyst, held that Berlusconi had managed to deliver only one promise out of five, the one concerning minimum pension levels. The other four promises were not, in Luca Ricolfi's view, honoured, in particular, the undertakings on the tax simplification and the reduction of crime.[41]

Subsequent elections

House of Freedoms did not do as well in the 2003 local elections as it did in the 2001 national elections. In common with many other European governing groups, in the 2004 elections of the European Parliament, gaining 43.37% support. Forza Italia's support was also reduced from 29.5% to 21.0% (in the 1999 European elections Forza Italia had 25.2%). As an outcome of these results the other coalition parties, whose electoral results were more satisfactory, asked Berlusconi and Forza Italia for greater influence in the government's political line.

The Berlusconi III cabinet

In the 2005 regional elections (3 April/4 April 2005), the centre-left gubernatorial candidates won in 12 out of 14 regions where control of local governments and governorships was at stake. Berlusconi's coalition held only two of the regional bodies (Lombardy and Veneto) up for re-election. Three parties, Union of Christian and Centre Democrats, National Alliance and New Italian Socialist Party, threatened to withdraw from the Berlusconi government. Berlusconi after some hesitation, then presented to the President of the Republic a request for the dissolution of his government on 20 April 2005. On 23 April he formed a new government with the same allies, reshuffling ministers and amending the government programme. A key point demanded by the Union of Christian and Centre Democrats (and to a lesser extent by National Alliance) for their continued support was that the strong focus on tax reduction central to the government's ambitions be changed.

Attempt to reform the Italian constitution

Anti-Berlusconi demonstration, held during his visit to Amsterdam in 2009.

A key point in the Berlusconi government's programme was a planned reform of the Italian Constitution, which Berlusconi considered to be 'inspired by the Soviets',[42] an issue the coalition parties themselves initially had significantly different opinions about. The Lega Nord insisted on a federalist reform (devolution of more power to the regions) as a condition for remaining in the coalition. The National Alliance party pushed for a so-called 'strong premiership' (more powers to the executive), intended as a counterweight to any federalist reform, in order to preserve the integrity of the nation. The Union of Christian and Centre Democrats asked for a proportional electoral law that would not damage small parties, and was generally more willing to discuss compromises with the moderate wing of the opposition.

Difficulties in arranging a mediation caused some internal unrest in the Berlusconi government in 2003, but then they were mostly overcome and the law (comprising power devolution to the regions, Federal Senate and "strong premiership") was passed by the Senate in April 2004; it was slightly modified by the Chamber of Deputies in October 2004, and again on October 2005, and finally approved by the Senate on 16 November 2005 with a bare majority. Approval in a referendum is necessary in order to amend the Italian Constitution without a qualified two-thirds parliamentary majority. The referendum was held on 25–26 July 2006 and resulted in the rejection of the constitutional reform, refused by 61.3% of the voters.

The 2006 elections

Operating under a new electoral law written unilaterally by the governing parties over strong criticism from the parliamentary opposition, the April 2006 general election was held. The results of this election handed Romano Prodi's centre-left coalition, known as The Union, (Berlusconi's opposition) a very thin majority: 49.8% against 49.7% for the centre-right coalition House of Freedoms in the Lower House, and a two-senator lead in the Senate (158 senators for The Union and 156 for the House of Freedoms). The Court of Cassation subsequently validated the voting procedures and determined that the election process was constitutional.

According to the new electoral rules, The Union, (nicknamed "The Soviet Union" by Berlusconi[43] with a margin of only 25,224 votes (out of over 38 million voters), nevertheless won 348 seats (compared to 281 for the House of Freedoms) in the lower house as a result of a majority premium given to whichever coalition of parties was awarded more votes.

Ironically, this electoral law, approved shortly before the election by Berlusconi's coalition in an attempt to improve their chances of winning the election, led to the coalition's defeat and gave Prodi the chance to form a new cabinet. However, Prodi's coalition consisted of a large number of smaller parties. If only one of these nine parties that formed The Union withdrew its support to Prodi, his government would have collapsed. This situation was also the result of the new "diabolic" electoral system.[44]

Centrist parties such as the Union of Christian and Centre Democrats immediately conceded The Union's victory, while other parties, like Berlusconi's Forza Italia and the Northern League, refused to accept its validity, right up until 2 May 2006, when Berlusconi submitted his resignation to President Ciampi.[45]

On 2 December 2006, during a major demonstration of the centre-right in Rome against the government led by Romano Prodi, Berlusconi proposed the foundation of a "Freedom Party", arguing that the people and voters of the different political movements aligned to the demonstration were all part of a "people of freedom".

In the 315-member Senate of the Republic, Berlusconi's coalition won 174 seats to Veltroni's 134. In the lower house, Berlusconi's conservative bloc led by a margin of 9% of the vote: 46.5% (344 seats) to 37.5% (246 seats). Berlusconi capitalised on discontent over the nation's stagnating economy and the unpopularity of Prodi's government. His declared top priorities were to remove piles of trash from the streets of Naples and to improve the state of the Italian economy, which had underperformed the rest of the Eurozone for years. He also said he was open to working with the opposition, and pledged to fight tax evasion, reform justice and reduce public debt. He intended to reduce the number of Cabinet ministers to 12. Berlusconi and his ministers (Berlusconi IV Cabinet) were sworn in on 8 May 2008.

On 21 November 2008 the National Council of Forza Italia, chaired by Alfredo Biondi and attended by Berlusconi himself, dissolved Forza Italia and established The People of Freedom, whose inauguration took place on 27 March 2009, the 15th anniversary of Berlusconi's first electoral victory.

While Forza Italia had never held a formal party congress to formulate its rules, procedures, and democratic balloting for candidates and issues, (since 1994 three party conventions of Forza Italia have been held, all of them resolving to support Berlusconi and reelecting him by acclamation) on 27 March 2009 at the foundation congress of the People of Freedom political movement the statute of the new party was subject to a vote of approval. On 5,820 voting delegates, 5,811 voted in favour, 4 against and 5 abstained.[55] During that political congress Berlusconi was elected as Chairman of the People of Freedom by handraising. According to the official minutes of the congress the result favoured Berlusconi, with 100 per cent of the delegates voting for him.[56][57][58]

The People of Freedom split

Between 2009 and 2010, Gianfranco Fini, former leader of the national conservative National Alliance (AN) and President of the Italian Chamber of Deputies, became a vocal critic of the leadership of Berlusconi. Fini departed from party's majority line on several issues but, most of all, he was a proponent of a more structured party organisation. His criticism was aimed at the leadership style of Berlusconi, who tends to rely on his personal charisma to lead the party from the centre and supports a less structured form of party, a movement-party that organises itself only at election times.[59]

On 15 April 2010, an association named Generation Italy was launched in order to better represent Fini's views within the party and push for a different party organisation.[60] On 22 April 2010 the National Committee of the PdL convened in Rome for the first time in a year. The conflict between Fini and Berlusconi was covered live on television. At the end of the day, a resolution proposed by Berlusconi's loyalists was put before the assembly and approved by a landslide margin.[61] On 29 July 2010 the party executive released a document in which Fini was described as "incompatible" with the political line of the PdL and unable to perform his job of President of the Chamber of Deputies in a neutral way. Berlusconi asked Fini to step down, and the executive proposed the suspension from party membership of three MPs who had harshly criticized Berlusconi and accused some party members of criminal offences.[62] As response, Fini and his followers formed their own groups in both chambers under the name of Future and Freedom (FLI).[63][64][65][66] It was soon clear that FLI would leave the PdL and become an independent party. On 7 November, during a convention in Bastia Umbra, Fini asked Berlusconi to step down from his post of Prime Minister and proposed a new government including the Union of the Centre (UdC).[67] A few days later, the four FLI members of the government resigned.[68] On 14 December FLI voted against Berlusconi in a vote of confidence in the Chamber of Deputies, a vote nonetheless won by Berlusconi by 314 to 311.[69][70]

In May 2011, PdL suffered a big blow in local elections. Particularly painful was the loss of Milan, Berlusconi's hometown and party stronghold.[71] In response to this and to conflicts within party ranks, Angelino Alfano, the Justice minister, was chosen as national secretary in charge of reorganising and renewing the party.[72] The appointment of 40-year old Alfano, a former Christian Democrat and later leader of Forza Italia in Sicily, was unanimously decided by the party executive. On 1 July the National Council modified the party's constitution and Alfano was elected secretary almost unanimously. In his acceptance speech, Alfano proposed the introduction of primaries.[73]

Resignation

On 10 October the Chamber of Deputies rejected the law on the budget of the State proposed by the government.[74] As a result of this event Berlusconi moved for a confidence vote in the Chamber on 14 October, he won the vote with just 316 votes to 310, minimum required to retain a majority.[75] An increasing number of Deputies continued to cross the floor and join the opposition and on 8 November the Chamber approved the law on the budget of the State previously rejected but with only 308 votes, while opposition parties didn't participate in the vote to highlight that Berlusconi lost his majority.[76] After the vote, Berlusconi announced his resignation after Parliament passed economic reforms.[77] Among other things, his perceived failure to tackle Italy's debt crisis with an estimated debt sum of €1.9 trillion ($2.6 trillion) had urged Berlusconi to leave office. The popularity of this decision was reflected in the fact that while he was resigning crowds sang the hallelujah portion of George Frederick Handel's "Messiah", complete with some vocal accompaniment; there was also dancing in the streets outside the Quirinal Palace, the official residence of the President of Italy, where Berlusconi went to tender his resignation.[78]

The austerity package was passed, it will raise €59.8 billion in savings from spending cuts and tax raises, including freezing public-sector salaries until 2014 and gradually increasing the retirement age for women in the private sector from 60 in 2014 to 65 in 2026.[79] The resignation also came at a difficult time for Berlusconi, as he was involved in numerous trials for corruption, fraud and sex offences. He was often found guilty in lower courts but used loopholes in Italy's legal system to evade incarceration.[79]

Berlusconi had also failed to meet some of his pre-election promises and had failed to prevent economic decline and introduce serious reforms.[79] Many believed that the problems and doubts over Berlusconi's leadership and his coalition were one of the factors that contributed to market anxieties over an imminent Italian financial disaster, which could have a potentially catastrophic effect on the 17-nation eurozone and the world economy.[80] Many critics of Berlusconi accused him of using his power primarily to protect his own business ventures.[79]Umberto Bossi, leader of the Northern League, a partner in Berlusconi's right-wing coalition, was quoted as informing reporters outside parliament, "We asked the prime minister to step aside."[81]

On 12 November 2011, after a final meeting with his cabinet, Berlusconi met Italian President Giorgio Napolitano at the Palazzo del Quirinale to tend his resignation.[82] As he arrived at the presidential residence, a hostile crowd gathered with banners shouting insults at Berlusconi and throwing coins at the car. After his resignation, the booing and jeering continued as he left in his convoy, with the public shouting words such as "buffoon", "dictator" and "mafioso".[83] Following Berlusconi's resignation, Mario Monti formed a new government that would remain in office until the next scheduled elections in 2013.[84][85] On 16 November, Monti announced that he had formed a Cabinet and was sworn in as Prime Minister of Italy, also appointing himself as Minister of Economy and Finances.[86]

2013 general election

In December 2012 Berlusconi announced on television that he would run again to become Prime Minister.[87] Berlusconi said the platform his party would run on includes opposition to Monti's economic performance, which he said put Italy into a "recessive spiral without end." He also told the media, on the sidelines of AC Milan's practice session (the football club he owns along with Mediaset, the largest media outlet in the country): "I race to win. To win, everyone said there had to be a tested leader. It's not that we did not look for one. We did, and how! But there isn't one...I'm doing it out of a sense of responsibility."

On 7 January 2013, Berlusconi announced he had penned a coalition agreement (Centre-right coalition) with Lega Nord (LN); as part of it, PdL will support Roberto Maroni's bid for the presidency of Lombardy, and he will run as "leader of the coalition", but suggested he could accept a role as Minister of Economy under a cabinet headed by another People of Freedom member, such as Angelino Alfano. Later that day, LN leader Maroni confirmed his party will not support a new candidacy of Berlusconi as Prime Minister in the case of an electoral win.[88] Berlusconi's coalition gained 29.1% of votes and 125 seats in the Chamber of Deputies, 30.7% of votes and 117 seats in the Senate.[89]

Foreign policy

Berlusconi and his cabinets have had a strong tendency to support American foreign policies,[94] despite the policy divide between the U.S. and many founding members of the European Union (Germany, France, Belgium) during the Bush administration.[95] Under Berlusconi's lead, the Italian Government also shifted its traditional position on foreign policy from being the most pro-Arab western government towards a greater friendship with Israel and Turkey than in the past.[citation needed] This resulted in a rebalancing of relations between all the Mediterranean countries, to reach equal closeness with them. Berlusconi is one of the strongest supporters of Turkey's application to accede to the European Union.[96] In order to support Turkey's application the Italian Premier invited Prime Minister Erdoğan to take part in a meeting of the European leaders of Denmark, France, Germany, the Netherlands, Spain, Sweden, and the United Kingdom, gathered in L'Aquila for the 2009 G8 summit.[97][98] Italy, with Berlusconi in office, became a solid ally of the United States due to his support in the War in Afghanistan and the Iraq War following the 2003 invasion of Iraq in the War on Terror.

Berlusconi, in his meetings with United Nations Secretary-GeneralKofi Annan and U.S. President George W. Bush, said that he pushed for "a clear turnaround in the Iraqi situation" and for a quick handover of sovereignty to the government chosen by the Iraqi people.[citation needed] Italy had some 3,200 troops deployed in Southern Iraq, the third largest contingent there after the American and British forces.[citation needed] Italian troops were gradually withdrawn from Iraq in the second half of 2006 with the last soldiers leaving the country in December of that year.

Relations with Russia

In November 2007, Italy's state-owned energy company Eni signed an agreement with Russian state-owned Gazprom to build the South Stream pipeline.[99] Investigating Italian parliament members discovered that Central Energy Italian Gas Holding (CEIGH), a part of the Centrex Group, was to play a major role in the lucrative agreement. Bruno Mentasti-Granelli, a close friend of Berlusconi, owned 33 percent of CEIGH. The Italian parliament blocked the contract and accused Berlusconi of having a personal interest in the Eni-Gazprom agreement.[99][100]

Berlusconi is among the most vocal supporters of closer ties between Russia and the European Union. In an article published in Italian media on 26 May 2002, he said that the next step in Russia's growing integration with the West should be EU membership.[101] On 17 November 2005 Berlusconi commented, in relation to the prospect of such membership, that he is "convinced that even if it is a dream ... it is not too distant a dream and I think it will happen one day."[102] The Prime Minister of Italy has made similar comments on other occasions as well.[103]

Berlusconi has a warm relationship with Vladimir Putin.[104] In September 2014, Berlusconi accused the United States, NATO and EU of "a ridiculously and irresponsibly sanctioning approach to the Russian Federation, which cannot but defend Ukrainian citizens of Russian origin that it considers brothers."[105]

Relations with Belarus

Berlusconi visited Alexander Lukashenko in Belarus in 2009. Berlusconi became the first Western leader to visit Lukashenko since Lukashenko came to power in 1994. At a press conference, Berlusconi paid compliments to Lukashenko and said "Good luck to you and your people, whom I know love you".[106][107]

Berlusconism

Berlusconism (Italian: Berlusconismo) is a term used in the Western media and by few Italian analysts to describe the political positions of Berlusconi.

Origins and features

The term "Berlusconismo" arose in the 1980s, characterized by a strongly positive valence, as a synonym for entrepreneurial optimism, that is, as an entrepreneurial spirit which does not get upset from difficulties, and trusts that problems can be solved.[118] However, in the 21st century, the meaning has changed.

According to the Italian definition given by the online vocabulary of the Encyclopedia Institute, Berlusconismo has a wide range which runs down a big ambit variety, all having their origins in the figure of Berlusconi, and the political movement inspired by him: the substantive refers, in fact, to the "thought movement",[119] but also to "social phenomenon",[119] and, even, the phenomenon "of custom"[119] bound to his entrepreneurial and political figure. The Berlusconismo term is also used to refer to a certain laissez-faire vision supported by him, not only of the economy and the markets, but also with reference to the same policy.[119]

Legal problems

Silvio Berlusconi has an extensive record of criminal allegations, including abuse of office, defamation, extortion, Child sexual abuse, perjury, mafiacollusion, false accounting, embezzlement, money laundering, tax fraud, witness tampering, corruption and bribery of police officers, judges and politicians. Berlusconi has been tried in Italian courts in several cases. The outcome for six of those cases were politically altered to end with "no conviction", because of laws passed by Berlusconi's parliamentary majority shortening the time limit for prosecution of various offences and making false accounting illegal only if there is a specific damaged party reporting the fact to the authorities.[137][138][139][140][141][142][143] Berlusconi claimed that "this is a manifest judicial persecution, against which I am proud to resist, and the fact that my resistance and sacrifice will give the Italians a more fair and efficient judicial system makes me even more proud",[144] and added that "789 prosecutors and magistrates took an interest in the politician Berlusconi from 1994 to 2006 with the aim of subverting the votes of the Italian people" citing statistics that he said have constituted a "calvary including 577 visits by police, 2,500 court hearings and 174 million euros in lawyers' bills paid by me".[145][146] Berlusconi has always been able to afford top lawyers and publicists, for example Nicolas Sarkozy was one of his French top defenders.[147][148][149] Some of his former prosecutors later joined the parliamentary opposition. Some of his attorneys are also members of parliament.

All Iberian 2: false accounting.(acquittal, due to the new law on false accounting passed in April 2002 by the Berlusconi II Cabinet having absolved the fact as a crime[150])

SME-Ariosto 2: false accounting.[151](acquittal, due to the new law on false accounting passed in April 2002 by the Berlusconi II Cabinet having absolved the fact as a crime[150])[151]

Other acquittals

SME-Ariosto 1: bribes to the judges Renato Squillante (600 million Lira) and Filippo Verde (750 million Lira), swaying them to rule in favor of Berlusconi in a court case deciding to whom IRI should sell the SME company.[152](First-instance: guilty of bribing Squillante but acquitted due to statute of limitations;[153]Appeal Court: Acquitted for complicity in the crime;[154]Supreme Court: Acquitted for complicity in the crime.[152])

Bribery of the Guardia di Finanza (Arces process): Payment of 380 million Lira in bribes to three officers of the Guardia di Finanza engaged in tax audits, convincing them to "turn the blind eye" against tax frauds committed by 4 Fininvest owned companies: Videotime(1989), Arnoldo Mondadori Editore(1991), Mediolanum(1992) and TELE+(1994).[155](First-instance: 2 years 9 months jail;[156]Appeal Court: statute of limitations for the first 3 cases, acquittal for the fourth (not proven);[157]Supreme Court: full acquittal for all 4 cases;[155] In 2010 the Supreme Court noted through its ruling in the Bribery of lawyer David Mills to commit perjury case, that his false testimony had resulted in an incorrect acquittal for the charges against Silvio Berlusconi in the Arces process.[158] But when considering the statute of limitations now apply for all four charges in the case, the judicial system did not find it appropriate to reopen the case)

Medusa Film company purchase: false accounting equal to 10bn Lira (€5.2 million), which were secretly transferred to Berlusconi's private bank accounts in 1988.[159](First-instance: 1 year and 4 months imprisonment;[160]Appeal Court: Full acquittal;[160]Supreme Court: Full acquittal,[161] as he was too rich to be aware of such small amounts[162])

Macherio estate land acquisitions 2: embezzlement, tax evasion, false accounting for the company Idra.[163](Appeal Court: full acquittal for all three charges)[164]

Mediatrade investigation (Milan): tax evasion and embezzlement from TV-rights traded by the company Mediatrade in 1999-02; a subcase of Mediaset Trial 1+2.[165](Preliminary hearing: full acquittal;[166][167]Supreme Court: full acquittal[168])

Mediatrade investigation (Rome): €10 million tax evasion from TV-rights traded by the company Mediatrade in 2003-4; a subcase of Mediaset Trial 1+2.[169](Preliminary hearing: Statute of limitations for 2003 offences and full acquittal for 2004 offences;[170]Supreme Court: appeal was rejected as inadmissible[171])

RAI-Fininvest advertising cartel: Berlusconi was through his status as upcoming Prime Minister accused of extortion towards RAI in September 1993, in the attempt of convincing them to sign a cartel agreement on the advertising shares between RAI and the Fininvest TV networks, to get softer competition and higher prices.[174](Preliminary hearing: The judge ruled the case to be archived due to insufficient amounts of evidence)[174]

Bribery of lawyer David Mills: to make a false testimony in the two processes All Iberian and Bribery of the Guardia di Finanza.[176](Statute of limitation acquittal)[177][178]

Abuse of office in the Bancopoli/Unipol affair: concerning the illegal publication of wiretapped conversations in a family newspaper in 2005.[179](First-instance: 1 year jail + €80,000 compensatory damage payment to Piero Fassino;[180][181][182]Appeal Court: Acquittal due to statute of limitations, but upheld the compensatory payment.[183][184])

Time limits extinct crimes, due to a changed law

Lentini affair: false accounting.(guilty, but acquitted due to a reduced statute of limitations in a new false accounting law passed by the Berlusconi government)

Fininvest financial statements in 1988-1992: false accounting and embezzlement.(guilty, but acquitted due to a reduced statute of limitations in a new false accounting law passed by the Berlusconi government)

Fininvest consolidated financial statements: false accounting.(guilty, but acquitted due to a reduced statute of limitations in a new false accounting law passed by the Berlusconi government)

Mediaset trial 1: on false accounting and embezzlement committed in 1988-94 for the company Fininvest SpA.[185](indicted in 2005, but in 2007 the charges were declined ahead of the first-instance court trial, due to statute of limitations)[185]

Amnesty extinct crimes

Propaganda Due (P2) masonic lodge trial: committed perjury when he testified in a later libel court trial filed against 3 journalists in 1989, that he had only joined the P2 lodge shortly before it was revealed as illegal without even paying entry fee; which was contradicted by evidence that he had been a paying member for 3 years.[186](Appeal Court: guilty, but offense was pardoned by an amnesty law passed in 1989)[186]

Macherio estate land acquisitions 1: false accounting for the company Buonaparte.[163](guilty, but amnesty applied following the 1992 fiscal remission law)[164]

Convictions

Mediaset trial 2: on a personal tax evasion of €7.3 million committed in 1994-98 through illicit trade of movie rights between secret fictive companies.[185](First-instance: 4 years jail and 3 years public office ban;[25]Appeal Court: 4 years jail and 5 years public office ban;[187]Supreme Court: 4 years jail[188] and 2 years public office ban[189][190])

Defamation against Antonio Di Pietro: who was accused during a 2008 election campaign of having obtained his educational degree thanks to the secret services.(In June 2013 the Constitutional Court ruled that the Italian constitution did not grant parliamentarians absolute immunity for spoken words during election campaigns. This ruling allow for Berlusconi's previously halted court case now to be re-opened by the Constitutional Court to judge the merits of the case.[193][194] The case will however be suspended until the affiliated case against the Italian Chamber of Deputies, where two courts asked for annulment of its 22 September 2010 decree granting Berlusconi absolute parliamentary immunity, has been judged.[195][196][197] On 18 July 2014, the Constitutional Court ruled the decree indeed was unconstitutional and annulled it; meaning that the civil court proceedings against Berlusconi now can continue.[198][199])

Ruby process: Paying an underage girl (Karima el-Mahroug, alias Ruby Rubacuori) for sex, and abuse of office relating to her release from detention in 2010.[200][201](First-instance: 7 years jail and a lifetime public office ban;[202]Appeal Court: Full acquittal for both charges;[203]Supreme Court: The prosecutor expects soon to appeal to the Court of Cassation.[204])

Notes:

^The statute of limitations vary from case to case, as it is calculated according to the maximum penalty for the criminal code referred to by the indictment. If proceedings gets delayed due to circumstances not being caused by the court system, the limitation period can be extended up till maximum 25%. In addition, the limitation period can also be extended if the judge conclude presence of "specific aggravating circumstances" due to repeated relapse of committing specific crimes. In rare cases, the limitation period can also be reduced due to extenuating circumstances. "If the application of the statute of limitations due to terminate shall be a result of the granting of extenuating circumstances, the judgment is characterized by a prior acknowledgment of guilt of the accused and is a source of injury to him."[175]

Ongoing trials

As of April 2014, after the Unipol case had been completed with the ruling "acquittal due to statute of limitations", Berlusconi is involved in three ongoing court trials.

Abuse of office - The Unipol case (2005)

In February 2012, Milan prosecutors brought charges against Berlusconi for alleged abuse of office connected with the publication of confidential wiretaps by the Italian newspaper Il Giornale, which is owned by Berlusconi's brother, in 2005.[205][206] The publication of the conversations between then Governor of the Bank of Italy Antonio Fazio, senior management of Unipol and Italian centre-left politician Piero Fassino was a breach of secrecy rules and was seen at the time as an attempt to discredit Berlusconi's political rivals. Their publication also eventually led to the collapse of the proposed takeover of Banca Nazionale del Lavoro by Unipol and the resignation of Fazio.[205] The head of the company used by Italian prosecutors to record the conversations has been previously convicted of stealing the recordings and making them available to Berlusconi.[206] On 7 February 2012, at an initial court hearing, Berlusconi denied he had listened to the tapes and ordered their publication.[206] On 7 March 2013, Berlusconi was sentenced to a one-year jail term.[207] On 31 March 2014, the Milan Court of Appeal ruled that the evidence did not clear Paolo and Silvio Berlusconi from guilt, but that the facts are now prescribed, which mean they were both acquitted due to the statutes of limitations. Although Paolo still had to pay €80,000 as compensatory damages to Fassino.[183][184]

Bribery of senators supporting the Prodi-government (2006)

In February 2013 Berlusconi was under investigation for corruption and illegal financing of political parties from the public prosecutor of Naples, in the figures of Vincenzo Piscitelli, Henry John Woodcock, Francesco Curcio, Alessandro Milita and Fabrizio Vanorio. He is accused of bribing in 2006, with €3 million (of which 1 million and 2 million declared to the tax authorities in black), directed to Senator Sergio De Gregorio (the former leader of the Italians in the World party) to facilitate its passage into the ranks of the Berlusconi led coalition House of Freedoms. Along with Berlusconi, a journalist (Valter Lavitola) at the head of the socialist newspaper L'Avanti! was also investigated, and Sergio De Gregorio self-confessed being the recipient of the bribery.[208]

On 23 October 2013, Berlusconi and Valter Lavitola were both indicted by the judge for preliminary hearings, Amelia Primavera. For Senator De Gregorio the process has already been closed in a preliminary hearing, because he opted to self-confess and bargained a reduced sentence of 20 months in prison for the crime. The court hearing at first-instance for the indicted Berlusconi, has been scheduled to start on 11 February 2014.[191][192] During the court proceedings, ex-senator Paolo Rossi (a former member of the The Olive Tree party) also testified to have been offered a bribe from Berlusconi by another ex-Senator Antonio Tomassini (a former member of the defunct Christian Democrats), to change political sides and join Silvio Berlusconi's center-right bloc, so that they together could cause the fall of the Romano Prodi government in 2006-08. According to the prosecutors, Valter Lavitola was as well working on behalf of Berlusconi as a go-between attempting to also bribe other senators.[209]

Defamation against Antonio Di Pietro (2008)

Berlusconi has repeatedly questioned the legitimacy of the educational degree of the former Operation "Clean Hands" magistrate and leader of the Italy of Values party, Antonio Di Pietro, when he during a 2008 election rally and in an episode of the talk show Porta a Porta in March 2008, repeatedly claimed, that Di Pietro had not obtained his magistrate degree by passing the exams, but with the complicity of the secret services diverted, in order to have a judge placed in the system to overturn the parties of the so-called First Republic. Di Pietro subsequently sued Berlusconi for aggravated defamation in June 2008. The public prosecutor concluded the preliminary investigation 13 November 2009, by indicting Berlusconi for the defamation offense referred to in Article 595 paragraph 2 of the Criminal Code. The Italian Chamber of Deputies then intervened in the case by passing a decree 22 September 2010, granting all Italian parliamentarians "absolute immunity" for words spoken while elected.[196]

On 5 October 2010, the court in Viterbo considered Berlusconi could not be judged or punished, because of the parliamentarian immunity Article 68 of the Italian constitution forbidding any legal prosecutions against words spoken by parliamentarians in the process of their "exercise of parliamentary duties", in conjunction with the Chamber of Deputies recently having voted for a decree to appoint Berlusconi absolute immunity for any spoken words while serving as a deputy. On 19 January 2012 this judgment was set aside by the Supreme Court, which ruled that Berlusconi had been speaking during a campaign rally and not in an institutional setting; meaning he was not covered by the immunity protection provided for by the constitutions Article 68, and consequently should face a new court trial to be held either at the Viterbo court or the Constitutional Court.[210][211]

On 10 January 2013, the Viterbo court decided to transfer the case for judgement directly to the Constitutional Court.[193] The Constitutional Court ruled on 20 June 2013, that the Chamber of Deputies decree having extended Berlusconi's immunity beyond what was provided for by the constitution, was a case with conflict of powers and should be disregarded. This mean that Berlusconi do not enjoy any special immunity protection for his spoken words during election campaigns, and that a court case now shall be held by the constitutional court, to decide the merits of the case.[194] Before the case against Berlusconi can begin, the Italian Chamber of Deputies however shall be called for trial to defend and explain the reasons for passing their unconstitutional law from 2010.[194] The court hearing against the Chamber of Deputies took place on 8 July 2014,[197] where the constitutional court was asked to deem the concerned Chamber of Deputies decree to be unconstitutional and annul it, by the Court of Rome[195] and the Viterbo court.[196] On 18 July 2014, the Constitutional Court indeed ruled the decree to be unconstitutional and annulled it; meaning that the civil court proceedings against Berlusconi now can continue.[198][199]

Soliciting minors for sex - Ruby case (2010)

In February 2011, Berlusconi was charged with paying for sex with nightclub dancer Karima El Mahroug (also known by the stage name Ruby Rubacuori) between February and May 2010, when she was one year below the legal 18 years age-limit for providing sexual services.[212][213] He was also charged with abusing his political powers in an attempt to cover up the relationship (by trying to persuade the police to release the girl while she was under arrest for theft, based on a false claim that she was a relative of Hosni Mubarak's).[212]

The fast-track trial opened on 6 April and was adjourned until 31 May. El Mahroug's lawyer said that Mahroug would not be attaching herself to the case as a civil complainant and denies that she ever made herself available for money. Another alleged victim, Giorgia Iafrate, also decided not to be a party to the case.[214] In January 2013, judges rejected an application from Berlusconi's lawyers to have the trial adjourned so that it would not interfere with Italy's 2013 general election in which Berlusconi was participating.[215] On 24 June 2013, Berlusconi was found guilty of paying El Mahroug for sex when she was 17 years old, and of abusing his powers in an ensuing cover up. He was sentenced by the Court of First Instance to seven years in jail, and banned from public office for life.[216] If Berlusconi chooses to appeal at each step in the Italian court process, the sentence will not be enforced until both the Court of Appeals and supreme court has confirmed it.[217] In January 2014, Silvio Berlusconi deposited an appeal against the judgment, requesting complete absolution.[218] The appeal process began on 20 June.[219] On 18 July 2014 the Italian appeals court announced the appeal had been successful and the convictions against Berlusconi were being overturned.[220] According to the court's published summary of the judgement, Berlusconi was acquitted from the extortion charges (abuse of power) because "the fact does not exist" and from the child prostitution charge because "the fact is not a crime".[203] The more detailed court reasoning for acquittal will be published within 90 days, and the prosecutor stated he would then most likely appeal the decision to the Court of Cassation.[204]

Ongoing investigations

In addition to the ongoing court trials, Berlusconi is currently also involved in the following two ongoing legal investigations, which will evolve to become an ongoing court trial if the judge at the preliminary hearing indict him of the alleged crime:

Ruby ter (2011–13): Corruption in judicial acts (bribing witnesses) in connection with evidence submitted at the main "Ruby case". Allegedly a bribery with €2500 paid per month for each of the 18 Olgettine girls from Arcore (the girls - including Ruby - participating in the evening events at Berlusconi's residens) to speak in favor of Berlusconi, had been started by his two defending lawyers, Niccolò Ghedini and Piero Longo, in the aftermath of the opened police investigation on 15 January 2011. In addition the Mediaset journalist Silvia Trevaini had allegedly been bribed, not only by the same monthly fee but also by extra gifts equal to €800,000. Finally Ruby, in particular, had been promised by Berlusconi "a huge reward if she would keep quiet or otherwise make him mad", and Ruby had replied she was "waiting for €5 million". On 23 January 2014 the public prosecutor Edmondo Bruti Liberati, asked for a legal case to be opened for a preliminary hearing.[221]

Illegal financing of the political party Italians in the World: On 16 April 2014, the Naples prosecutor deposited new documents in which Berlusconi is under investigation for the crime in recent years of illegal financing of the political party Italians in the World, being led by ex-Senator Sergio De Gregorio. Currently this process is under investigation, with an upcoming preliminary hearing to decide if an court indictment shall be filed.[222]

Cases with final convictions

As of October 2013, Berlusconi has only been convicted by the final appeal instance in 1 out of 32 court cases.

Tax-fraud conviction in Mediaset trial (1988-98)

The Mediaset trial was launched in April 2005, with indictment of 14 persons (including Berlusconi) for having committed:[223][224]

(A) false accounting and embezzlement in order to mask payments of substantial "black funds", committed in 1988-94.
(B) tax fraud equal in total to more than €62 million (120bn Lira), committed in 1988-98.

Both indictments were related to achievement of personal tax evasion, through illicit trade of movie rights between Mediaset and secret fictive foreign companies situated in tax haven nations, causing fictive losses for Mediaset, with the trade gains being accumulated by the foreign companies owned by the indicted tax fraudsters, who ultimately had the gains paid out as personal profit without paying tax in Italy. In 2007 the court case at first-instance had not yet been launched, and the prosecutors dropped the (A) charges against Berlusconi due to the statute of limitations, and for the same reason the (B) charges were narrowed down to the 1994-98 period, in which the prosecutor charged Berlusconi for having committed a personal tax evasion of €7.3 million.[185]

On 26 October 2012, Berlusconi was sentenced to four years of punishment by an Italian court for tax evasion.[225] The charges were in relation to a scheme to purchase overseas film rights at inflated prices through offshore companies. The four-year term was longer than the three years and eight months the prosecutors had requested, but was shortened to one year in accord with a 2006 amnesty law intended to reduce prison overcrowding. Berlusconi and his co-defendants were also ordered to pay a 10 million euro fine and were banned from holding public office for three years.[25][226]

On 8 May 2013, the Court of Appeals in Milan confirmed the four-year prison sentence, and extended the public office ban to five years.[187] On 1 August 2013, the Court of Cassation (final appeal) confirmed the sentence of 4 years, of which the last three years are automatically pardoned.[227] The decision marked the first time that Berlusconi received a definitive sentence, despite being on trial nearly 30 times during the last 25 years. In regards of calculating the exact length of the public office ban, the Court of Cassation asked the lower court to re-judge this, because of prosecutors having presented new legal arguments for the ban to be reduced from five to three years. However, a new anti-corruption law passed in late 2012, referred to as the Severino law, will anyway bar Berlusconi from seeking elective office for six years, independently of the court's final ruling for the public office ban duration. The ramifications of his public office ban is, that it makes him ineligible to serve any public office, but technically he will still be allowed as a non-candidate to continue leading his party and center-right coalition in election campaigns. A similar situation occurred in March 2013, when the leader of the Five Star Movement, Beppe Grillo, convicted over a road accident in 1988, led his party's 2013 election campaign despite he couldn't run for a public office because of a rule established within his movement.[228]

Berlusconi will due to his high age above 70 years, not be placed direct in prison, but can instead decide if he want to serve his one-year jail term either by a house arrest at one of his private residences or by doing community service. As the gross prison term exceeds two years, the Severino law prompts the Italian senate to vote if Berlusconi shall be forced to resign his current senate seat immediately, or alternatively allowing the court imposed ban on holding public office only to take effect by the end of his current legislative term. The pending senate vote, combined with anger over Berlusconi's conviction – a poll indicated 42% of the public believe he has been unfairly persecuted by the magistrates – present a serious political challenge for the fragile ruling coalition.[228] On 3 August, Berlusconi suggested that unless a "solution" to his predicament could be found, Italy was at "risk of a civil war".[229] The following day, thousands of supporters gathered in front of his house in protest of the ruling.[229]

On 30 August, the Italian President Giorgio Napolitano announced he had not selected Berlusconi as one of the new four lifetime senators, which are granted the privileges of being a lawmaker for life with some protected legal immunity, meaning they can continue working in politics even after being convicted guilty for criminal offences that otherwise would lead to ban from serving one of the public offices.[230] A Senate committee will begin its deliberations on 9 September, to decide if Berlusconi's public office ban shall start immediately or by the end of his current legislative term. Before the committee decision becomes effective, it will need also to be approved by a vote in the full Senate.[230][231]

The deliberations of the Senate committee are expected to last for several weeks, before they reach a decision. According to the Severino law, which became enacted by the Monti government in December 2012, anyone sentenced to more than two years in prison is deemed ineligible to hold public office for a period of six years (or eight years if convicted for "abuse of power"), and should immediately be expelled from the parliament. Berlusconi has argued that the Severino law can not be used to expel persons convicted for crimes committed ahead of December 2012, and plead for the proceedings to be postponed until the European Court of Human Rights or Italy's constitutional court had ruled, whether or not he was correct about his interpretation of the law. Berlusconi also informed, that he in any case had decided to appeal the court ruling against him to the European Court of Human Rights, as he still claimed the ruling itself to be a political and unjust attempt by his opponents, to deprive him of his political power. The response by Prime Minister Enrico Letta's centre-left Democratic Party was however to reject Berlusconi's plea, accusing him of only launching time-wasting maneuvers.[9] Berlusconi's PDL party then made a threat to withdraw their government support, in case the Senate committee expelled Berlusconi as senator. The Democratic Party replied by warning PDL, that they would reject any blackmail attempts, and in any case only would vote in the Senate committee according to the standard of the Italian law. Ahead of the Senate committee's voting, the leading criminal lawyer Paola Severino, who helped design the Severino law, stated to the La Repubblica newspaper that this specific law according to her professional opinion, clearly also applied for crimes being committed before its enactment in December 2012.[232]

On 10 September, at the second day of the Senate deliberations, the Democratic Party stated they intend to vote down all three PDL submitted motions to delay the Senate deliberations, and accused PDL for obstructing the work of the Senate committee by playing delaying tactics. Renato Brunetta, floor leader of the PDL in the lower house, responded by saying "If the Democratic Party and Grillo's people decide this evening to vote against the proposals, the Democratic Party will bring down the Letta government".[233] The meeting at the second day ended with PDL accepting to drop their series of technical objections to try to halt the hearings, on the agreement that each of the committee members could speak at greater length in a broad discussion on the merits of the case.[234] On 18 September Berlusconi made a national televised speech, in which he pledged to stay as party leader of a revived Forza Italia, no matter if the Senate would end up deciding to expel him or not.[10] On 25 September the PDL parliamentary group agreed on a resolution to threat the Senate, that if Berlusconi would be expelled, then all PDL parliamentarians would immediately "reflect on and decide according to his or her conscience", whether or not to show sympathy with Berlusconi by resigning their own seats in the Senate.[235] The Senate Committee never-the-less voted 15:8 in support for a recommendation to expel Berlusconi on 4 October,[236][237] and ten days later submitted a final report about the case, so that it can be scheduled for a final vote in the full Senate by early November.[238][239] The Rules of Procedure Committee decided at its meeting on 30 October, by the votes 7:6, that Berlusconi's expulsion vote shall not be conducted as a secret vote but as an open public vote.[240] On 27 November 2013, the Senate voted 192:113 for enforcement of Berlusconi's immediate expulsion and a six-year ban from serving any legislative office.[241]

Berlusconi was expected to start serving his four-year prison sentence (reduced to one year), either under house arrest or doing unpaid social community service, in mid-October 2013.[231] In mid-October he informed the court, that he prefers to serve the sentence by doing community service. Because of bureaucracy in the legal court system, it is however expected his one-year-long full-time community service will only start around April 2014.[242] On 19 October, the Milan appeal court ruled that Berlusconi's public office ban should be reduced from five to two years; which was later also confirmed by the Court of Cassation.[190] The court imposed public office ban, however did not change that Berlusconi according to the Severino law,[243] anyway received a legislative office ban preventing him to run as candidate in legislative elections for a prolonged six-year period,[241] which then by effect superseded the shorter court imposed public office ban.[244] Berlusconi began serving his community service at a catholic care home center on 9 May 2014, where he is required to work four hours a week for a year with elderly dementia patients.[245]

Controversies

Berlusconi has been involved in many controversies and over 20 court cases during his political career, including a conviction to 4 years prison and 5 years suspension of public functions by the Court of Appeals for 7 M€ tax evasion (and 280 M€ slush fund) on 8 May 2013, confirmed by the Court of Cassation on 1 August 2013.[8][246] Due to a general pardon, his imprisonment was reduced to one year,[8] which due to his age can be served either as a house arrest at his private residence or as community service.

On 24 June 2013 Berlusconi was found guilty of paying an underage prostitute for sex, and of abusing his powers in an ensuing cover up. He was sentenced to seven years in jail, and banned from public office for life. He is certain to appeal[dated info], and the sentence will not be enforced until the result of the trial is confirmed at appeal.[216][217]

Economic conflicts of interest

According to journalists Marco Travaglio and Enzo Biagi, Berlusconi entered politics to save his companies from bankruptcy and himself from convictions.[247] From the very beginning he said it clearly to his associates. Berlusconi's supporters hailed him as the "novus homo", an outsider who was going to bring a new efficiency to the public bureaucracy and reform the state from top to bottom.

Berlusconi was investigated for forty different inquests in less than two years.[248]

Media control and conflict of interest

Berlusconi's extensive control over the media has been widely criticised by some analysts,[253] some press freedom organisations, and extensively on several Italian newspapers, national and private TV channels by opposition leaders and in general opposition parties members, who allege Italy's media has limited freedom of expression. However such coverage of the complaint in practice put under discussion the point of the complaint itself. The Freedom of the Press 2004 Global Survey, an annual study issued by the American organisation Freedom House, downgraded Italy's ranking from 'Free' to 'Partly Free'[254] due to Berlusconi's influence over RAI, a ranking which, in "Western Europe" was shared only with Turkey (as of 2005[update]). Reporters Without Borders states that in 2004, "The conflict of interests involving Prime Minister Berlusconi and his vast media empire was still not resolved and continued to threaten news diversity".[255] In April 2004, the International Federation of Journalists joined the criticism, objecting to the passage of a law vetoed by Carlo Azeglio Ciampi in 2003, which critics believe is designed to protect Berlusconi's reported 90% control of the Italian national media.[256]

Berlusconi owns via Mediaset 3 of 7 national TV channels: (Canale 5, Italia 1, and Rete 4). In 2002, Luciano Violante, a prominent member of the Left, said in a speech in Parliament: "Honourable Anedda, I invite you to ask the honourable Berlusconi, because he certainly knows that he received a full guarantee in 1994, when the government changed — that TV stations would not be touched. He knows it and the Honourable Letta knows it."[257][verification needed] The authors of the book Inciucio[258] cite this sentence as evidence for the idea that the Left made a deal with Berlusconi in 1994, in which a promise was made not to honour a law in the Constitutional Court of Italy that would have required Berlusconi to give up one of his three TV channels in order to uphold pluralism and competition. According to the authors, this would be an explanation of why the Left, despite having won the 1996 elections, did not pass a law to solve the conflicts of interest between media ownership and politics.

The TV broadcasting of a satirical programme called RAIot was censored in November 2003 after the comedienne Sabina Guzzanti made outspoken criticism of the Berlusconi media empire.[261] Mediaset, one of Berlusconi's companies, sued RAI over Guzzanti's program, demanding 20 million euros for "damages"; in November 2003 the show was cancelled by the president of RAI, Lucia Annunziata. The details of the event were made into a Michael Moore-style documentary called Viva Zapatero!, which was produced by Guzzanti.

Mediaset, Berlusconi's television group, has stated that it uses the same criteria as the public (state-owned) television RAI in assigning a proper visibility to all the most important political parties and movements (the so-called 'Par Condicio') – which has been since often disproved.[262][263] In March 2006, on the television channel Rai Tre, in a television interview with Lucia Annunziata during his talk show, In 1/2 h, he stormed out of the studio because of a disagreement with the host journalist regarding the economic consequences of his government.[264] In November 2007, allegations of news manipulation caused the departure from RAI of Berlusconi's personal assistant.[265]

Enrico Mentana, the news anchor long seen as a guarantor of Canale 5's independence, walked out in April 2008, saying that he no longer felt "at home in a group that seems like an electoral campaign committee".[266]

On 24 June 2009, Berlusconi during the Confindustria young members congress in Santa Margherita Ligure, Italy has invited the advertisers to interrupt or boycott the advertising contracts with the magazines and newspapers published by Gruppo Editoriale L'Espresso,[267] in particular the la Repubblica and the newsmagazine L'espresso, calling the publishing group "shameless",[267] because is fueling the economic crisis speaking more and more about it and accusing also to make a subversive attack against him to replace with an "un-elected".[268] The publishing group has announced to begin legal proceedings against Berlusconi, to protect the image and the interests of the group.[268]

On 12 October 2009, Berlusconi during the ConfindustriaMonza and Brianza members congress, has again invited the industrialists present to a "widespread rebellion" against a "newspaper that hadn't any limits in discrediting the government and the country and indoctrinating foreign newspapers".[269]

In October 2009, Reporters Without Borders secretary-general Jean-François Julliard declared that Berlusconi "is on the verge of being added to our list of Predators of Press Freedom", which would be a first for a European leader. He also added that Italy will probably be ranked last in the European Union in the upcoming edition of the RWB press freedom index.[270]

The Economist

One of Berlusconi's strongest critics in the media outside Italy is the British weekly The Economist (nicknamed by Berlusconi "The Ecommunist"), which in its issue of 26 April 2001 carried a title on its front cover, 'Why Silvio Berlusconi is unfit to lead Italy'.[271] The war of words between Berlusconi and The Economist has gained notoriety, with Berlusconi taking the publication to court in Rome and The Economist publishing letters against him.[272] The magazine claimed that the documentation contained in its article proves that Berlusconi is 'unfit' for office[273] because of his numerous conflicts of interest. Berlusconi claimed the article contained "a series of old accusations" that was an "insult to truth and intelligence".

According to The Economist '​s findings, Berlusconi, while Prime Minister of Italy, retained in effective control of 90% of all national television broadcasting. This figure included stations he owns directly as well as those over which he had indirect control by dint of his position as Prime Minister and his ability to influence the choice of the management bodies of these stations. The Economist has also claimed that the Italian Prime Minister is corrupt and self-serving. A key journalist for The Economist, David Lane, has set out many of these charges in his book Berlusconi's Shadow.[274]

− − Lane points out that Berlusconi has not defended himself in court against the main charges, but has relied upon political and legal manipulations, most notably by changing the statute of limitation to prevent charges being completed in the first place. In order to publicly prove the truth of the documented accusations contained in their articles, the newspaper has publicly challenged Berlusconi to sue The Economist for libel. Berlusconi did so,[275] losing versus The Economist, and being charged for all the trial costs on 5 September 2008, when the Court in Milan issued a judgment rejecting all Mr Berlusconi's claims and sentenced him to compensate for legal expenses.

− − In June 2011, The Economist published a strong article dealing with Mr. Berlusconi, titled "The man who screwed an entire country".[276]

Legislative changes

On some occasions, laws passed by the Berlusconi administration have effectively delayed ongoing trials on him. For example the law reducing punishment for all cases of false accounting and the law on legitimate suspicion, which allowed defendants to request their cases to be moved to another court if they believe that the local judges are biased against them. Because of these legislative actions, political opponents accuse Berlusconi of passing these laws for the purpose of protecting himself from legal charges. La Repubblica, for example, sustained that Berlusconi passed 17 different laws which have advantaged himself.[277] Berlusconi and his allies, on the other hand, maintain that such laws are consistent with everyone's right to a rapid and just trial, and with the principle of presumption of innocence (garantismo (it)); furthermore, they claim that Berlusconi is being subjected to a political "witch hunt", orchestrated by certain (allegedly left-wing) judges.

Berlusconi and his government quarreled with the Italian judiciary often. His administration attempted a judiciary reform intended to limit the flexibility of judges and magistrates in their decision-making. Critics said it would instead limit the magistrature's independence by de facto subjecting the judiciary to the executive's control. The reform was met by almost unanimous dissent from the Italian judges, but was passed by the Italian parliament in December 2004. It was vetoed by the Italian President, Carlo Azeglio Ciampi.

During the night hours between 5 and 6 March 2010, the Berlusconi-led Italian government passed a decree "interpreting" the electoral law to let the PDL candidate run for governor in Lazio after she had failed to properly register for the elections. The Italian Constitution states that electoral procedures can only be changed in Parliament, and must not be changed by governmental decree. Italy's President, whose endorsement of the decree was required by law, said that the measure taken by the government may not violate the Constitution.[278][279]

Alleged links to the Mafia

Berlusconi has never been tried on charges relating to Cosa Nostra, although several Mafia turncoats have stated that Berlusconi had connections with the Sicilian criminal association. The claims arise mostly from the hiring of Vittorio Mangano, charged for Mafia association, as a gardener and stable-man at Berlusconi's Villa San Martino in Arcore, a small town near Milan. It was Berlusconi's friend Marcello Dell'Utri who introduced Mangano to Berlusconi in 1973.[281][282] Berlusconi denied any ties to the Mafia. Marcello Dell'Utri even stated that the Mafia did not exist at all.

In 2004 Dell'Utri, co-founder of Forza Italia, was sentenced to nine years by a Palermo court on charge of "external association to the Mafia",[282][283] a sentence describing Dell'Utri as a mediator between the economical interests of Berlusconi and members of the criminal organisation. Berlusconi refused to comment on the sentence. In 2010, Palermo's appeals court cut the sentence to seven years but fully confirmed Dell'Utri's role as a link between Berlusconi and the mafia until 1992.[284]

In 1996, a Mafia informer, Salvatore Cancemi, declared that Berlusconi and Dell'Utri were in direct contact with Salvatore Riina, head of the Sicilian Mafia in the 1980s and 1990s. Cancemi disclosed that Fininvest, through Marcello Dell'Utri and mafioso Vittorio Mangano, had paid Cosa Nostra 200 million lire (between 100,000 and 200,000 of today's euro) annually. The alleged contacts, according to Cancemi, were to lead to legislation favourable to Cosa Nostra, in particular the harsh 41-bis prison regime. The underlying premise was that Cosa Nostra would support Berlusconi's Forza Italia party in return for political favours.[285] After a two-year investigation, magistrates closed the inquiry without charges. They did not find evidence to corroborate Cancemi's allegations. Similarly, a two-year investigation, also launched on evidence from Cancemi, into Berlusconi's alleged association with the Mafia was closed in 1996.[281]

According to yet another mafia turncoat, Antonino Giuffrè – arrested on 16 April 2002 – the Mafia turned to Berlusconi's Forza Italia party to look after the Mafia's interests, after the decline in the early 1990s of the ruling Christian Democrat party, whose leaders in Sicily looked after the Mafia's interests in Rome. The Mafia's fall out with the Christian Democrats became clear when Salvo Lima was killed in March 1992. "The Lima murder marked the end of an era," Giuffrè told the court. "A new era opened with a new political force on the horizon which provided the guarantees that the Christian Democrats were no longer able to deliver. To be clear, that party was Forza Italia."[286] Dell'Utri was the go-between on a range of legislative efforts to ease pressure on mafiosi in exchange for electoral support, according to Giuffrè. "Dell'Utri was very close to Cosa Nostra and a very good contact point for Berlusconi," he said.[287] Mafia boss Bernardo Provenzano told Giuffrè that they "were in good hands" with Dell'Utri, who was a "serious and trustworthy person". Provenzano stated that the Mafia's judicial problems would be resolved within 10 years after 1992, thanks to the undertakings given by Forza Italia.[282][286]

Giuffrè also said that Berlusconi himself used to be in touch with Stefano Bontade, a top Mafia boss, in the mid-1970s. At the time Berlusconi still was just a wealthy real estate developer and started his private television empire. Bontade visited Berlusconi's villa in Arcore through his contact Vittorio Mangano.[288] Berlusconi's lawyer dismissed Giuffrè's testimony as "false" and an attempt to discredit the Prime Minister and his party. Giuffrè said that other Mafia representatives who were in contact with Berlusconi included the Palermo Mafia bosses Filippo Graviano and Giuseppe Graviano.[289] The Graviano brothers allegedly treated directly with Berlusconi through the business-man Gianni Letta, somewhere between September/October 1993. The alleged pact with the Mafia fell apart in 2002. Cosa Nostra had achieved nothing.[290]

Dell'Utri's lawyer, Enrico Trantino, dismissed Giuffrè's allegations as an "anthology of hearsay". He said Giuffrè had perpetuated the trend that every new turncoat would attack Dell'Utri and the former Christian Democrat prime minister Giulio Andreotti in order to earn money and judicial privileges.[288]

In October 2009, Gaspare Spatuzza, a Mafioso turned pentito in 2008, has confirmed Giuffrè statements. Spatuzza testified that his boss Giuseppe Graviano had told him in 1994 that Berlusconi was bargaining with the Mafia, concerning a political-electoral agreement between Cosa Nostra and Berlusconi's Forza Italia. Spatuzza said Graviano disclosed the information to him during a conversation in a bar Graviano owned in the upscale Via Veneto district of the Italian capital Rome. Dell'Utri was the intermediary, according to Spatuzza. Dell'Utri has dismissed Spatuzza's allegations as "nonsense". Berlusconi's lawyer and MP for the PdL, Niccolò Ghedini said that "the statements given by Spatuzza about prime minister Berlusconi are baseless and can be in no way verified."[291]

Remarks on Western civilisation and Islam

After the 11 September 2001 attacks in New York, Berlusconi said: "We must be aware of the superiority of our civilisation, a system that has guaranteed well-being, respect for human rights and – in contrast with Islamic countries – respect for religious and political rights, a system that has as its value understanding of diversity and tolerance."[292][293] This declaration caused an uproar, not only in the Arab and Muslim world, but also all around Europe, including Italy.[294] Subsequently Berlusconi told the press: "We are aware of the crucial role of moderate Arab countries... I am sorry that words that have been misunderstood have offended the sensitivity of my Arab and Muslim friends."[295]

Right-to-die case

After the family of Eluana Englaro (who had been comatose for 17 years) succeeded in having her right to die recognized by the judges and getting doctors to start the process of allowing her to die in the way established by the court, Berlusconi issued a decree to stop the doctor from letting her die. Stating that, "This is murder. I would be failing to rescue her. I'm not a Pontius Pilate", Berlusconi went on to defend his decision by claiming that she was "in the condition to have babies",[296] arguing that comatose women were still subject to menstruation. Critics said that this controversial move had been staged to repair relations with the Vatican, following harsh criticism of the treatment of immigrants by the Berlusconi administration.

The law provides the expulsion, issued by the Prefect of the Province where an illegal foreign immigrant is found, and is immediately performed with the assistance at the border of the police. Illegal immigrants without valid identity documents, are taken to detention centers, set up by the Turco-Napolitano law, in order to be identified. The law provides for the issuance of residence permits to persons who provide proof of having a job for their maintenance budget. To this general rule you add the special residence permits and those in the application of the right to asylum.

The standard allows the repatriation to the country of origin on the high seas, on the basis of bilateral agreements between Italy and neighboring countries, which commit the police forces of their respective countries to cooperate in the prevention of illegal immigration. If the illegal immigrant ships dock on Italian soil, the identification of those entitled to political asylum and the supply of medical treatment and care is undertaken by the marine police force. The law had been severely criticized by the centre-left opposition.

Jokes, gestures, and blunders

Berlusconi has developed a reputation for making gaffes or insensitive remarks.[299]

On 2 July 2003, Berlusconi suggested that German SPDMEPMartin Schulz, who had criticised his domestic policies, should play a Naziconcentration campguard in a film.[300] Berlusconi insisted that he was joking, but accused Schulz and others to be "bad-willing tourists of democracy". This incident caused a brief cooling of Italy's relationship with Germany.[301]

Addressing traders at the New York Stock Exchange in September 2003, Berlusconi listed a series of reasons to invest in Italy, the first of which was that "we have the most beautiful secretaries in the world". This remark resulted in uproar in Italy where female members of parliament took part in a one-day cross-party protest.[302] Berlusconi's list also included the claim that Italy had "fewer communists, and those who are still here deny having been one".[303]

In 2003, during an interview with Nicholas Farrell, then editor of The Spectator, Berlusconi claimed that Mussolini "had been a benign dictator who did not murder opponents but sent them 'on holiday'".[304] In 2013, he returned to calling Mussolini a good leader whose biggest mistake was signing up to exterminate the Jews.[123]

Berlusconi had made disparaging remarks about Finnish cuisine during negotiations to decide on the location of the European Food Safety Authority in 2001. He caused further offence in 2005, when he claimed that during the negotiations he had had to "dust off his playboy charms" in order to persuade the Finnish president, Tarja Halonen, to concede that the EFSA should be based in Parma instead of Finland, and compared Finnish smoked reindeer unfavourably to culatello. The Italian ambassador in Helsinki was summoned by the Finnish foreign minister.[305] One of Berlusconi's ministers later 'explained' the comment by saying that "anyone who had seen a picture of Halonen must have been aware that he had been joking". Halonen took the incident in good humour, retorting that Berlusconi had "overestimated his persuasion skills".[306] The Finnish pizza chain Kotipizza responded by launching a variety of pizza called Pizza Berlusconi, using smoked reindeer as the topping. The pizza won first prize in America's Plate International pizza contest in March 2008.[307][308]

In March 2006, Berlusconi alleged that Chinese communists under Mao Zedong had "boiled [children] to fertilise the fields".[309] His opponent Romano Prodi criticised Berlusconi for offending the Chinese people and called his comments 'unthinkable'.[310]

In the run-up to the 2008 Italian general election, Berlusconi was angrily accused of sexism for saying that female politicians from the right were "more beautiful" and that "the left has no taste, even when it comes to women".[311] In 2008 Berlusconi criticised the composition of the Council of Ministers of the Spanish Government as being too 'pink' by virtue of the fact that it has (once the President of the Council, José Luis Rodríguez Zapatero, is counted) an equal number of men and women. He also stated that he doubted that such a composition would be possible in Italy given the "prevalence of men" in Italian politics.[312]

Also in 2008 Berlusconi caused controversy at a joint press conference with Russian president Vladimir Putin. When a journalist from the Russian paper Nezavisimaya Gazeta asked a question about Mr Putin's personal relationships, Berlusconi made a gesture towards the journalist imitating a gunman shooting.[313][314]

On 6 November 2008, two days after Barack Obama was elected the first black US President, Berlusconi referred to Obama as "young, handsome and even tanned":[315][316][317] On 26 March 2009 he said "I'm paler [than Mr Obama], because it's been so long since I went sunbathing. He's more handsome, younger and taller."[318]

On 24 January 2009, Berlusconi announced his aim to increase the numbers of military patrolling the Italian cities from 3,000 to 30,000 in order to crack down on what he called an "evil army" of criminals. Responding to a female journalist who asked him if this tenfold increase in patrolling soldiers would be enough to secure Italian women from being raped, he said: "We could not field a big enough force to avoid this risk [of rape]. We would need as many soldiers as beautiful women and I don't think that would be possible, because our women are so beautiful." Opposition leaders called the remarks insensitive and in bad taste. Berlusconi retorted that he had merely wanted to compliment Italian women. Other critics accused him of creating a "police state".[319]

Two days after the 2009 L'Aquila earthquake, Berlusconi suggested that people left homeless should view their experience as a camping weekend.[320]

Subsequently, at a tent camp on the outskirts of L'Aquila housing some of the more than 30,000 people who lost their homes during the 2009 earthquake he said to an African priest: "you have a nice tan."[321]

In October 2010, Berlusconi was chastised by the Vatican newspaper L'Osservatore Romano after he was filmed telling "offensive and deplorable jokes", including one whose punchline was similar to one of the gravest blasphemies in the Italian language. It was also revealed he had made another antisemitic joke a few days previously. Berlusconi responded to the allegations by saying the jokes were "neither an offence nor a sin, but merely a laugh".[322]

On 1 November 2010, after once again being accused of involvement in juvenile prostitution, he suggested that an audience at the Milan trade fair should stop reading newspapers: "Don't read newspapers any more because they deceive you. [...] I am a man who works hard all day long and if sometimes I look at some good-looking girl, it's better to be fond of pretty girls than to be gay".[323] The remarks were immediately condemned by Arcigay, Italy's main gay rights organisation.[324]

On 13 July 2011, according to a leaked telephone surveillance transcript, Berlusconi told his presumed blackmailer Valter Lavitola: "The only thing they can say about me is that I screw around [...] Now they're spying on me, controlling my phone calls. I don't give a fuck. In a few months [...] I'll be leaving this shit country that makes me sick."[325]

On 27 January 2013, on the occasion of the Holocaust Remembrance Day, Berlusconi said the Italian fascist dictator Benito Mussolini, except from passing anti-Jewish laws in 1938, only had done "good things" for Italy; and also said Mussolini from a strategic point of view did the right thing in siding with Adolf Hitler during World War II, because Hitler at the point of time when the alliance was made had appeared to be winning the war.[326]

Friendship with Bettino Craxi

Berlusconi's career as an entrepreneur is also often questioned by his detractors. The allegations made against him generally include suspicions about the extremely fast increase of his activity as a construction entrepreneur in years 1961–63, hinting at the possibility that in those years he received money from unknown and possibly illegal sources. These accusations are regarded by Berlusconi and his supporters as empty slander, trying to undermine Berlusconi's reputation as a self-made man. Also frequently cited by opponents are events dating to the 1980s, including supposed "favour exchanges" between Berlusconi and Bettino Craxi, the former Socialist prime minister and leader of the Italian Socialist Party convicted in 1994 for various corruption charges. The Milan magistrates who indicted and successfully convicted Mr. Craxi in their "Clean Hands" investigation laid bare an entrenched system in which businessmen paid hundreds of millions of dollars to political parties or individual politicians in exchange for sweetheart deals with Italian state companies and the government itself.[327] Berlusconi acknowledges a personal friendship with Craxi.

Freedom Army

On 28 May 2013, Berlusconi and his entourage launched an online initiative which consisted in the recruitment of volunteers, who are available to defend Berlusconi from the convictions of Milan's prosecutors, who are dealing with his trials,[328] and who, Berlusconi often accused of being communists and anti-democratic.[329]

Simone Furlan, the creator of the army said in an interview: "There comes a time in life, when you realize that fighting for an ideal is no longer a choice but an obligation. We civil society we were helpless spectators of the "War of the Twenty Years" which saw Berlusconi fight and defend against slanderous accusations of all kinds, the result of a judicial persecution without precedent in history".[330]

Wiretaps and accusations of corruption

In December 2007 the audio recording of a phone call between Berlusconi, then leader of the opposition parties, and Agostino Saccà (general director of RAI) were published by the magazine L'espresso and caused a scandal in several media.[332]

The wiretap was part of an investigation by the Public Prosecutor Office of Naples, where Berlusconi was investigated for corruption.[333]

In the phone call, Saccà expresses words of impassioned political support to Berlusconi and criticises the behaviour of Berlusconi's allies. Berlusconi urges Saccà to broadcast a telefilm series which was strongly advocated by his ally Umberto Bossi. Saccà laments that many people have spread rumours on this agreement causing problems to him. Then Berlusconi asks Saccà to find a job in RAI for a young woman explicitly telling him that this woman would serve as an asset in a secret exchange with a senator of the majority who would help him to cause Prodi, with his administration, to fall.[334][clarification needed] After the publication of these wiretaps, Berlusconi has been accused by other politicians and by some journalists of political corruption through the exploitation of prostitution. Berlusconi said, in his own defence: "In the entertainment world everybody knows that, in certain situations in RAI TV you work only if you prostitute yourself or if you are leftist. I have intervened on behalf of some personalities who are not leftists and have been completely set apart by RAI TV."[335] In the US State Department's 2011 Trafficking in Persons report authorized by Secretary of State Hillary Clinton Mr. Berlusconi was explicitly named as a person involved in the "commercial sexual exploitation of a Moroccan child".[336][337]

Divorce and allegations of sexual misconduct

At the end of April 2009, Veronica Lario wrote an open letter expressing her anger at Berlusconi's choice of young, attractive female candidates—some with little or no political experience—to represent the party in the 2009 European Parliament elections. Berlusconi demanded a public apology, claiming that for the third time his wife had "done this to me in the middle of an election campaign", and stated that there was little prospect of his marriage continuing.[338] On 3 May, Lario announced she was filing for divorce.[339][340] She claimed that Berlusconi had not attended his own sons' 18th birthday parties, and that she "cannot remain with a man who consorts with minors" and "is not well".[341][342]

Noemi Letizia, the girl in question, gave interviews to the Italian press, revealing that she calls Berlusconi "papi" ("daddy"), that they often spent time together in the past, and that Berlusconi would take care of her career as showgirl or politician, whichever she opted to pursue.[343] Berlusconi claimed that he knew Letizia only through her father and that he never met her alone without her parents.[344]

On 14 May, la Repubblica published an article alleging many inconsistencies in Berlusconi's story and asked him to answer ten questions to clarify the situation.[344][345]

Ten days later, Letizia's ex-boyfriend, Luigi Flaminio, claimed that Berlusconi had contacted Letizia personally in October 2008 and said she had spent a week without her parents at Berlusconi's Sardinian villa around New Year's Eve 2009,[346] a fact confirmed later by her mother.[347] On 28 May 2009, Berlusconi said that he had never had "spicy" relations with Letizia, and said that if any such thing had occurred, he would have resigned immediately.[348]

On 17 June 2009, Patrizia D'Addario, a 42-year old escort and retired actress[349] from Bari, Italy, claimed that she had been recruited twice to spend the evening with Berlusconi.[350] Berlusconi denied any knowledge of D'Addario being a paid escort: "I have never paid a woman... I have never understood what satisfaction there is if the pleasure of conquest is absent".[351] He also accused an unspecified person of manoeuvring and bribing D'Addario.[352]

On 26 June 2009, the "ten questions" to Berlusconi were reformulated by la Repubblica newspaper, and subsequently republished multiple times.[353] On 28 August 2009, Berlusconi sued Gruppo Editoriale L'Espresso, the owner company of the newspaper, and classified the ten questions as "defamatory" and "rhetorical".[354]

Berlusconi's lifestyle has raised eyebrows in Catholic circles, with vigorous criticism being expressed in particular by the newspaper Avvenire, owned by the Conferenza Episcopale Italiana (Conference of Italian Bishops). This was followed by the publication in the newspaper il Giornale (owned by the Berlusconi family) of details with regard to legal proceedings against the editor of Avvenire, Dino Boffo, which seemed to implicate him for a harassment case against the wife of his ex-partner.[355] Dino Boffo has always declared the details of the proceedings to be false, although he has not denied the basic premise.[356]

After a period of tense exchanges and polemics, on 3 September 2009, Boffo resigned from his editorial position[357][358] and the assistant editor Marco Tarquinio became editor ad interim.[359]

On 22 September 2009, after a press conference, Berlusconi declared that he had asked his ministers not to respond anymore to questions regarding "gossip". He stated also that the Italian press should talk only about the "successes" of Italian Government in internal and foreign policies, adding also that the press now will be able only to ask questions relating to his administration and not to gossip.[360]

During a contested[361][362] episode of AnnoZero on 1 October 2009, the journalist and presenter Michele Santoro interviewed Patrizia D'Addario.[363] She stated she was contacted by Giampaolo Tarantini – a businessman from Bari – who already knew her and requested her presence at Palazzo Grazioli with "the President".[364] D'Addario also stated that Berlusconi knew that she was a paid escort.[365]

Ruby Rubacuori

In November 2010, teenage Moroccan belly dancer and alleged prostitute Karima El Mahroug (better known as "Ruby Rubacuori") claimed to have been given $10,000 by Berlusconi at parties at his private villas. The girl told prosecutors in Milan that these events were like orgies where Berlusconi and 20 young women performed an African-style ritual known as the "bunga bunga" in the nude.[366][367]

It was also found out that, on 27 May 2010, El Mahroug had been arrested for theft by the Milan police but (being still a minor) she was directed to a shelter for juvenile offenders. After a couple of hours, while she was being questioned, Berlusconi, who was at the time in Paris, called the head of the police in Milan and pressured for her release, claiming the girl was related to then PresidentHosni Mubarak of Egypt and that in order to avoid a diplomatic crisis, she was to be brought to the custody of Nicole Minetti. Following repeated telephone calls by Berlusconi to the police authorities, El Mahroug was eventually released and entrusted to Minetti's care.[368]

The Guardian reported that according to a series of media reports in October 2010, Berlusconi had met El Mahroug, then 17, through Nicole Minetti. Mahroug insisted that she had not slept with the then 74-year-old prime minister. She told Italian newspapers that she merely attended dinner at his mansion near Milan. El Mahroug said she sat next to Berlusconi, who later took her upstairs and gave her an envelope containing €7,000. She said he also gave her jewelry.[371]

Berlusconi has also come under fire for reportedly spending $1.8 million in state funds from RAI Cinema to further the career of a largely unknown Bulgarian actress, Michelle Bonev. The fact that this coincided with severe cuts being made to the country's arts budget provoked a strong reaction from the public.[373]

In January 2011, Berlusconi was placed under criminal investigation relating to El Mahroug for allegedly having sex with an underage prostitute and for abuse of office relating to her release from detention.[374] Berlusconi's lawyers were quick to deny the allegations as "absurd and without foundation" and called the investigation a "serious interference with the private life of the prime minister without precedent in the judicial history of the country".[375]

On 15 February 2011, a judge indicted Berlusconi to stand trial on charges carrying up to 15 years in prison.[376][377]Paying for sex with a minor in Italy is punished within a range of six months to three years imprisonment, while the crime of malfeasance in office (It: concussione) is more severely punished, from four years to twelve years imprisonment, as it is considered a type of extortion committed by a public officer.

The fast-track trial opened on 6 April and was adjourned until 31 May. El Mahroug's lawyer said that Mahroug would not be attaching herself to the case as a civil complainant and denies that she ever made herself available for money. Another alleged victim, Giorgia Iafrate, also decided not to be a party to the case.[214] In January 2013, judges rejected an application from Berlusconi's lawyers to have the trial adjourned so that it would not interfere with Italy's 2013 general election in which Berlusconi participated.[215]

On 24 June 2013, Berlusconi was found guilty of paying for sex with an underage prostitute and of abusing his office.[378] He was sentenced to seven years in prison, one more year than had been requested by the prosecution, and banned from public office for life.[378] Although facing a custodial sentence, if Berlusconi appeals the sentence as expected, it will not be executed until after the appeals process. In the trial, the prosecution claimed that Berlusconi had paid over 4.5 million euros in total for El Mahroug's services.[217][378] Berlusconi's conviction was quashed on 18 July 2014.[379]

Assault at rally

On 13 December 2009 Berlusconi was hit in the face with an alabaster[380] statuette of Milan Cathedral after a rally in Milan's Piazza del Duomo. As Berlusconi was shaking hands with the public, a man in the crowd stepped forward and launched the statuette at him. The assailant was subsequently detained and identified as Massimo Tartaglia, a 42 year-old surveyor with a history of mental illness but no criminal record, living in the outskirts of Milan.[381][382] According to a letter released to the Italian news agency ANSA, Tartaglia has apologised for the attack, writing: "I don't recognise myself", and adding that he had "acted alone [with no] form of militancy or political affiliation". Berlusconi suffered facial injuries, a broken nose and two broken teeth; he was subsequently hospitalised.[383] Italian president Giorgio Napolitano and politicians from all parties in Italy condemned the attack.

In the night of 15–16 December a 26-year old man was stopped by police and Berlusconi's bodyguards while trying to gain access to Berlusconi's hospital room. A search revealed that he carried no weapons, although three hockey sticks and two knives were later found in his car. The suspect was known to have a history of mental illness and mandatory treatment in mental institutions.[384]

Personal fortune

In 2012, Forbes magazine reported that Berlusconi was Italy's sixth richest man, with a net worth of $5.9 billion. He holds significant assets in television, newspaper, publishing, cinema, finance, banking, insurance, and sports.[386] Berlusconi's main company, Mediaset, operates three national television channels covering half of the national television sector; and Publitalia (it), the leading Italian advertising and publicity agency. Berlusconi also owns a controlling stake in Arnoldo Mondadori Editore, the largest Italian publishing house, whose publications include Panorama, one of the country's most popular news magazines. His brother, Paolo Berlusconi, owns and operates il Giornale, a centre-right wing newspaper which provides a pro-Berlusconi slant on Italian politics. Il Foglio, one of the most influential Italian right-wing newspapers, is partially owned by his wife, Veronica Lario. After Lario sold some of her ownership in 2010, Paolo Berlusconi acquired a majority interest in the newspaper. Berlusconi is also the founder and major shareholder of Fininvest, which is among the largest private companies in Italy[387] and operates in media and finance. With Ennio Doris he founded Mediolanum, one of the country's biggest banking and insurance groups. He has interests in cinema and home video distribution (Medusa Film and Penta Film). He is also the owner of the football club A.C. Milan.[citation needed]

^Guarino, Mario. L'orgia del potere. Il Mulino. [The author] claimed that Berlusconi avoided military service because he was the first-born child in his family. However, this did not constitute reasonable grounds for exemption